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Plea Agreement — U.S. v. Tarone La Dale Woods (E.D. Wis.)

Summary

A plea agreement in United States of America v. Tarone La Dale Woods, Case No. 20-CR-197, in the United States District Court for the Eastern District of Wisconsin, filed October 23, 2020 as Document 2 in Case 2:20-cr-00197-BHL. Woods, represented by attorney Daniel Adams, agrees to waive indictment and plead guilty to a one-count information alleging false statements under Title 18, United States Code, Section 1001, which carries up to five (5) years and $250,000. The parties agree to a base offense level of six (6), a 10-level increase for a loss exceeding $150,000 and a 2-level increase for sophisticated means, and Woods agrees to cooperate. The factual basis states that Woods signed an SBA Form 2483 for Comfort Care with IRS Forms 941 falsely listing 23 employees, and that Bank 1 wired approximately $230,000 on or about May 20, 2020.

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Cite this document

“Plea Agreement — U.S. v. Tarone La Dale Woods (E.D. Wis.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-20-cr-00197-dkt-2-3c14fb31db/, SHA-256 8e9bb910bf490d83a9376b1ff147508a888a6434da8311d6e7d410e97ecb87d8.

Full text

                                UNITED STATES DISTRICT COURT
                               EASTERN DISTRICT OF WISCONSIN


UNITED STATES OF AMERICA,

                                 Plaintiff,

          V.                                                    Case No. 20-CR-197

TARONE LA DALE WOODS,

                                 Defendant.



                                        PLEA AGREEMENT



         1.       The United States of America, by its attorneys, Robert Zink, Chief, Fraud Section,

Department of Justice, Laura Connelly, Trial Attorney, Leslie Garthwaite, Trial Attorney, and

the defendant, Tarone La Dale Woods, individually and by attorney Daniel Adams, pursuant to

Rule 11 of the Federal Rules of Criminal Procedure, enter into the following plea agreement:

                                              CHARGES

         2.       The defendant has been charged in a one-count information, which alleges a

violation of Title 18, United States Code, Section 1001.

         3.       The defendant has read and fully understands the charge contained in the

information. He fully understands the nature and elements of the crime with which he has been

charged, and the charge and the terms and conditions of the plea agreement have been fully

explained to him by his attorney.

         4.       The defendant voluntarily agrees to waive prosecution by indictment in open

court.

         5.       The defendant voluntarily agrees to plead guilty to the following count set forth in




              Case 2:20-cr-00197-BHL Filed 10/23/20 Page 1 of 18 Document 2
full in the information, attached hereto as Attachment A.

       6.       The defendant acknowledges, understands, and agrees that he is, in fact, guilty of

the offense described in Attachment A. The parties acknowledge and understand that if this case

were to proceed to trial, the government would be able to prove the facts in Attachment B

beyond a reasonable doubt. The defendant admits that these facts are true and correct, and

establish his guilt beyond a reasonable doubt.

        This information is provided for the purpose of setting forth a factual basis for the plea of

guilty. It is not a full recitation of the defendant's knowledge of, or participation in this offense.

                                            PENALTIES

       7.       The parties understand and agree that the offense to which the defendant will

enter a plea of guilty carries the following maximum term of imprisonment and fine: five (5)

years and $250,000. The count also carries a mandatory special assessment of $100 and a

maximum of three (3) years of supervised release. The parties further recognize that a restitution

order may be entered by the court. The parties' acknowledgments, understandings, and

agreements with regard to restitution are set forth in paragraphs 29 and 30 of this agreement.

      8.        The defendant acknowledges, understands, and agrees that he has discussed the

relevant statutes as well as the applicable sentencing guidelines with his attorney.

                                            ELEMENTS

      9.        The parties understand and agree that in order to sustain the charge of false

statements as set forth in the information, the government must prove each of the following

propositions beyond a reasonable doubt:

         First, that the defendant made a materially false, fictitious, or fraudulent statement or
representation, or made any false writing or document knowing that it contained any materially
false, fictitious, or fraudulent statement;
         Second, that the defendant did so in any matter within the jurisdiction of the executive
branch of the government of the United States; and
                                                  2


            Case 2:20-cr-00197-BHL Filed 10/23/20 Page 2 of 18 Document 2
        Third, that the defendant did so knowingly and willfully.

                                  SENTENCING PROVISIONS

      10.      The parties agree to waive the time limits in Fed. R. Crim. P. 32 relating to the

presentence report, including that the presentence report be disclosed not less than 35 days

before the sentencing hearing, in favor of a schedule for disclosure, and the filing of any

objections, to be established by the court at the change of plea hearing.

      11.      The parties acknowledge, understand, and agree that any sentence imposed by the

court will be pursuant to the Sentencing Reform Act, and that the court will give due regard to

the Sentencing Guidelines when sentencing the defendant.

      12.      The parties acknowledge and agree that they have discussed all of the sentencing

guidelines provisions which they believe to be applicable to the offense set forth Attachment A.

The defendant acknowledges and agrees that his attorney in turn has discussed the applicable

sentencing guidelines provisions with him to the defendant's satisfaction.

      13.      The parties acknowledge and understand that prior to sentencing the United States

Probation Office will conduct its own investigation of the defendant's criminal history. The

parties further acknowledge and understand that, at the time the defendant enters a guilty plea,

the parties may not have full and complete information regarding the defendant's criminal

history. The parties acknowledge, understand, and agree that the defendant may not move to

withdraw the guilty plea solely as a result of the sentencing court's determination of the

defendant's criminal history.

                                Sentencing Guidelines Calculations

      14.      The defendant acknowledges and understands that the sentencing guidelines

recommendations contained in this agreement do not create any right to be sentenced within any


                                                 3


         Case 2:20-cr-00197-BHL Filed 10/23/20 Page 3 of 18 Document 2
particular sentence range, and that the court may impose a reasonable sentence above or below

the guideline range. The parties further understand and agree that if the defendant has provided

false, incomplete, or inaccurate information that affects the calculations, the government is not

bound to make the recommendations contained in this agreement.

                                          Relevant Conduct

      15.      The parties acknowledge, understand, and agree that pursuant to Sentencing

Guidelines Manual § 1B1.3, the sentencing judge may consider relevant conduct in calculating

the sentencing guidelines range, even if the relevant conduct is not the subject of the offense to

which the defendant is pleading guilty.

                                       Base Offense Level

      16.      The parties agree to recommend to the sentencing court that the applicable base

offense level for the offense charged in the information is six (6) under Sentencing Guidelines

Manual § 2B1.1(a)(2).

                                Specific Offense Characteristics

      17.      The parties further agree that a 10-level increase for a loss exceeding $150,000

under Sentencing Guidelines Manual § 2B1.1(b)(1)(F) is applicable to the offense level for the

offense charged in the information.

      18.      The parties further agree that a 2-level increase for an offense involving

sophisticated means under Sentencing Guidelines Manual § 2B1.1(b)(10) is applicable to the

offense level for the offense charged in the information.

                                       Role in the Offense

      19.      Pursuant to Sentencing Guidelines Manual § 3B1.2, the parties acknowledge and

understand that the defendant will recommend to the sentencing court that a decrease for

mitigating role is applicable to the offense level for the offense charged in the information. The
                                                 4


         Case 2:20-cr-00197-BHL Filed 10/23/20 Page 4 of 18 Document 2
parties acknowledge and understand that the government may not join in this recommendation;

however, the government will advise the sentencing court with regard to any facts or law

relevant to this adjustment.

                                    Acceptance of Responsibility

      20.       The government agrees to recommend a two-level decrease for acceptance of

responsibility as authorized by Sentencing Guidelines Manual § 3E1.1(a), but only if the

defendant exhibits conduct consistent with the acceptance of responsibility. In addition, if the

court determines at the time of sentencing that the defendant is entitled to the two-level reduction

under § 3E1.1(a), the government agrees to make a motion recommending an additional one-

level decrease as authorized by Sentencing Guidelines Manual § 3E1.1(b) because the defendant

timely notified authorities of his intention to enter a plea of guilty.

                                   Sentencing Recommendations

      21.       Both parties reserve the right to provide the district court and the probation office

with any and all information which might be pertinent to the sentencing process, including but

not limited to any and all conduct related to the offense as well as any and all matters which

might constitute aggravating or mitigating sentencing factors.

      22.       Both parties reserve the right to make any recommendation regarding any other

matters not specifically addressed by this agreement.

      23.       The government agrees to recommend a sentence within the applicable sentencing

guideline range, as determined by the court.

                               Court's Determinations at Sentencing

      24.       The parties acknowledge, understand, and agree that neither the sentencing court

nor the United States Probation Office is a party to or bound by this agreement. The United

States Probation Office will make its own recommendations to the sentencing court. The
                                                   5


            Case 2:20-cr-00197-BHL Filed 10/23/20 Page 5 of 18 Document 2
sentencing court will make its own determinations regarding any and all issues relating to the

imposition of sentence and may impose any sentence authorized by law up to the maximum

penalties set forth in paragraph 7 above. The parties further understand that the sentencing court

will be guided by the sentencing guidelines but will not be bound by the sentencing guidelines

and may impose a reasonable sentence above or below the calculated guideline range.

      25.       The parties acknowledge, understand, and agree that the defendant may not move

to withdraw the guilty plea solely as a result of the sentence imposed by the court.

                                    FINANCIAL MATTERS

      26.      The defendant acknowledges and understands that any and all financial

obligations imposed by the sentencing court are due and payable in full upon entry of the

judgment of conviction. The defendant further understands that any payment schedule imposed

by the sentencing court shall be the minimum the defendant is expected to pay and that the

government's collection of any and all court imposed financial obligations is not limited to the

payment schedule. The defendant agrees not to request any delay or stay in payment of any and

all financial obligations. If the defendant is incarcerated, the defendant agrees to participate in

the Bureau of Prisons' Inmate Financial Responsibility Program, regardless of whether the court

specifically directs participation or imposes a schedule of payments.

      27.       The defendant agrees to provide to the Financial Litigation Unit (FLU) of the

United States Attorney's Office, at least 45 days before sentencing, and also upon request of the

FLU during any period of probation or supervised release imposed by the court, a complete and

sworn financial statement on a form provided by FLU and any documentation required by the

form. The defendant further agrees, upon request of FLU whether made before or after

sentencing, to promptly: cooperate in the identification of assets in which the defendant has an

interest and cooperate in the liquidation of any such assets.
                                                  6


         Case 2:20-cr-00197-BHL Filed 10/23/20 Page 6 of 18 Document 2
                                           Special Assessment

      28.       The defendant agrees to pay the special assessment in the amount of $100 prior to

or at the time of sentencing.

                                              Restitution

      29.       The parties acknowledge and understand that the government will recommend to

the sentencing court that restitution be ordered and that it be apportioned among conspirators to

reflect the level of contribution to the victim's loss and economic circumstances of each

conspirator pursuant to Title 18, United States Code, Section 3664(h).

      30.      The defendant agrees to pay restitution as ordered by the sentencing court. The

defendant agrees to cooperate in efforts to collect any restitution obligation. The defendant

understands that imposition or payment of restitution will not restrict or preclude the filing of

any civil suit or administrative action.

                                DEFENDANT'S COOPERATION

      31.      The defendant, by entering into this agreement, further agrees to fully and

completely cooperate with the government in its investigation of this and related matters, and to

testify truthfully and completely before the grand jury and at any subsequent trials or

proceedings, if asked to do so. The government agrees to advise the sentencing judge of the

nature and extent of the defendant's cooperation. The parties acknowledge, understand and

agree that if the defendant provides substantial assistance to the government in the investigation

or prosecution of others, the government, in its discretion, may recommend a downward

departure from the applicable sentencing guideline range. The defendant acknowledges and

understands that the court will make its own determination regarding the appropriateness and

extent to which such cooperation should affect the sentence.




         Case 2:20-cr-00197-BHL Filed 10/23/20 Page 7 of 18 Document 2
                              DEFENDANT'S WAIVER OF RIGHTS

      32.         In entering this agreement, the defendant acknowledges and understands that he

surrenders any claims he may have raised in any pretrial motion, as well as certain rights which

include the following:

             a.      If the defendant persisted in a plea of not guilty to the charges against him, he
                     would be entitled to a speedy and public trial by a court or jury. The defendant
                     has a right to a jury trial. However, in order that the trial be conducted by the
                     judge sitting without a jury, the defendant, the government and the judge all
                     must agree that the trial be conducted by the judge without a jury.

             b.      If the trial is a jury trial, the jury would be composed of twelve citizens
                     selected at random. The defendant and his attorney would have a say in who
                     the jurors would be by removing prospective jurors for cause where actual
                     bias or other disqualification is shown, or without cause by exercising
                     peremptory challenges. The jury would have to agree unanimously before it
                     could return a verdict of guilty. The court would instruct the jury that the
                     defendant is presumed innocent until such time, if ever, as the government
                     establishes guilt by competent evidence to the satisfaction of the juiy beyond a
                     reasonable doubt.

             c.      If the trial is held by the judge without a jury, the judge would find the facts
                     and determine, after hearing all of the evidence, whether or not he was
                     persuaded of defendant's guilt beyond a reasonable doubt.

             d.      At such trial, whether by a judge or a jury, the government would be required
                     to present witnesses and other evidence against the defendant. The defendant
                     would be able to confront witnesses upon whose testimony the government is
                     relying to obtain a conviction and he would have the right to cross-examine
                     those witnesses. In turn the defendant could, but is not obligated to, present
                     witnesses and other evidence on his own behalf. The defendant would be
                     entitled to compulsory process to call witnesses.

             e.      At such trial, defendant would have a privilege against self-incrimination so
                     that he could decline to testify and no inference of guilt could be drawn from
                     his refusal to testify. If defendant desired to do so, he could testify on his own
                     behalf.

      33.         The defendant acknowledges and understands that by pleading guilty he is

waiving all the rights set forth above. The defendant further acknowledges the fact that his

attorney has explained these rights to him and the consequences of his waiver of these rights.


                                                   8


            Case 2:20-cr-00197-BHL Filed 10/23/20 Page 8 of 18 Document 2
The defendant further acknowledges that as a part of the guilty plea hearing, the court may

question the defendant under oath, on the record, and in the presence of counsel about the

offense to which the defendant intends to plead guilty. The defendant further understands that

the defendant's answers may later be used against the defendant in a prosecution for perjury or

false statement.

      34.       The defendant acknowledges and understands that he will be adjudicated guilty of

the offense to which he will plead guilty and thereby may be deprived of certain rights, including

but not limited to the right to vote, to hold public office, to serve on a jury, to possess firearms,

and to be employed by a federally insured financial institution.

      35.       The defendant knowingly and voluntarily waives all claims he may have based

upon the statute of limitations, the Speedy Trial Act, and the speedy trial provisions of the Sixth

Amendment. The defendant agrees that any delay between the filing of this agreement and the

entry of the defendant's guilty plea pursuant to this agreement constitutes excludable time under

the Speedy Trial Act.

      36.       The defendant knowingly and voluntarily waives any claim or objection he may

have based on statute of limitations.

                             Further Civil or Administrative Action

      37.       The defendant acknowledges, understands, and agrees that the defendant has

discussed with his attorney and understands that nothing contained in this agreement, including

any attachment, is meant to limit the rights and authority of the United States of America or any

other state or local government to take further civil, administrative, or regulatory action against

the defendant, including but not limited to any listing and debarment proceedings to restrict

rights and opportunities of the defendant to contract with or receive assistance, loans, and

benefits from United States government agencies.
                                                  9


            Case 2:20-cr-00197-BHL Filed 10/23/20 Page 9 of 18 Document 2
                                      GENERAL MATTERS

      38.      The parties acknowledge, understand, and agree that this agreement does not

require the government to take, or not to take, any particular position in any post-conviction

motion or appeal.

      39.      The parties acknowledge, understand, and agree that this plea agreement will be

filed and become part of the public record in this case.

      40.       The parties acknowledge, understand, and agree that the United States Attorney's

office is free to notify any local, state, or federal agency of the defendant's conviction.

      41.      The defendant understands that pursuant to the Victim and Witness Protection

Act, the Justice for Al! Act, and regulations promulgated thereto by the Attorney General of the

United States, the victim of a crime may make a statement describing the impact of the offense

on the victim and further may make a recommendation regarding the sentence to be imposed.

The defendant acknowledges and understands that comments and recommendations by a victim

may be different from those of the parties to this agreement.

             EFFECT OF DEFENDANT'S BREACH OF PLEA AGREEMENT

      42.      The defendant acknowledges and understands if he violates any term of this

agreement at any time, engages in any further criminal activity prior to sentencing, or fails to

appear for sentencing, this agreement shall become null and void at the discretion of the

government. If this plea agreement is revoked or if the defendant's conviction ultimately is

overturned, then the government retains the right to file any and all charges which were not filed

because of this agreement. The defendant hereby knowingly and voluntarily waives any defense

based on the applicable statute of limitations for any charges filed against the defendant as a

result of his breach of this agreement. The defendant understands, however, that the government

may elect to proceed with the guilty plea and sentencing. If the defendant and his attorney have
                                                 10


         Case 2:20-cr-00197-BHL Filed 10/23/20 Page 10 of 18 Document 2
signed a proffer letter in connection with this case, then the defendant further acknowledges and

understands that he continues to be subject to the terms of the proffer letter.

                        VOLUNTARINESS OF DEFENDANT'S PLEA

      43.      The defendant acknowledges, understands, and agrees that he will plead guilty

freely and voluntarily because he is in fact guilty. The defendant further acknowledges and

agrees that no threats, promises, representations, or other inducements have been made, nor

agreements reached, other than those set forth in this agreement, to induce the defendant to plead

guilty.




                                                 11


          Case 2:20-cr-00197-BHL Filed 10/23/20 Page 11 of 18 Document 2
                                    ACKNOWLEDG ENTS

I am the defendant. I am entering into this plea agreern nt freely and voluntarily. I am not now
on or under the influence of any drug, medication, alco ol, or other intoxicant or depressant,
whether or not prescribed by a physician, which would mpair my ability to understand the terms
and conditions of this agreement. My attorney has revi wed every part of this agreement with
me and has advised me of the implications of the sente cing guidelines. I have discussed all
aspects of this case with my attorney and I am satisfied hat my attorney has provided effective
assistance of counsel.



Date:              7,)0
                                             TARONE LA DALE WOODS
                                             Defendan


I am the defendant's attorney. I carefully have revieweo every part of this agreement with the
defendant. To my knowledge, my client's decision to e ter into this agreement is an informed
and voluntary one.



Date:   8/1411Z0
                                             DANIEL ADAMS
                                             Attorney or Defendant


For the United States of America:



Date: 10/22/2020
                                            LAURA ONNELL
                                            LESLIE 9ARTHWAITE
                                            Trial Attorneys




                                               12


        Case 2:20-cr-00197-BHL Filed 10/23/20 Page 12 of 18 Document 2
                                            Attachment A

                               UNIIED STATES DISTRICT COURT
                               EASTERN DISTRICT OF 'WISCONSIN


UNI I ED STATES OF AMERICA,

                               Plaintiff,

                 v.                                  Case No.
                                                                [18 U.S.C. §1001]
TARONE LA DALE WOODS,

                               Defendant.



                                   CRIMINAL INFORMATION



The United States of America charges that:
                                           Count One
                                        False Statements
                                    18 U.S.C. § 1001(a) and 2

       1.        In or about May 2020, in the Eastern District of Wisconsin and elsewhere, the

defendant,

                          TARONE LA DALE WOODS ("WOODS"),

did knowingly and willfully make materially false, fictitious, and fraudulent statements and

representations in a matter within the jurisdiction of the executive branch of the Government of

the United States, namely, the Small Business Administration, those being: on or about May 18,

2020, WOODS signed, initialed, and submitted an SBA Form 2483 Paycheck Protection Program

Borrower Application Form knowing the form contained false information regarding his

company's eligibility for a Paycheck Program loan, including that:

             a. The company was in operation on February 15, 2020;

             b. The company had 23 employees for whom it paid salaries and payroll taxes; and

             c. The company's average monthly payroll was $92,000.




        Case 2:20-cr-00197-BHL Filed 13
                                     10/23/20 Page 13 of 18 Document 2
        All in violation of Title 18 United States Code, Section 1001(a) and 2.

                                  FORFEITURE ALLEGATION

        2.       Pursuant to 18 U.S.C. § 981(a)(1)(D) and 28 U.S.C. § 2461(c), upon conviction of

an offense in violation of false statements, in violation of 18 U.S.C. § 1001, as alleged in this

Information, the defendant shall forfeit to the United States of America all property, real and

personal, which constitutes and is derived from proceeds traceable to the scheme to defraud. The

property to be forfeited includes, but is not limited to, a money judgment in the amount of the total

loss caused by the defendant's criminal conduct, as determined by the Court at sentencing.

3.      If any of the property described above, as a result of any act or omission of the defendant:

             a. cannot be located upon the exercise of due diligence;

             b. has been transferred or sold to, or deposited with, a third party;

             c. has been placed beyond the jurisdiction of the court;

             d. has been substantially diminished in value; or has been commingled with other

                property which cannot be divided without difficulty;

the United States of America shall be entitled to forfeiture of substitute property pursuant to Title

21, United States Code, Section 853(p), as incorporated by Title 28, United States Code, Section

2461(c).




        Case 2:20-cr-00197-BHL Filed
                                   14 10/23/20 Page 14 of 18 Document 2
                            Respectfully submitted,


                                gig/(//
                            MAI-MEW D. KEGBR
                            United States Attdy


                            DANIEL S. KAHN
                            Acting Chief, Fraud Section
                            Criminal Division
                            United States Department of Justice


                     By:
                            _Is/Laura Connelly
                            Laura Connelly
                            Leslie Garthwaite
                            Trial Attorneys, Fraud Section
                            Criminal Division
                            United States Department of Justice
                            1400 New York Avenue, N.W.
                            Bond Building, Fourth Floor
                            Washington, D.C. 20530
                            (202) 307-1423 (Connelly)
                            Laura.Connelly@usdoj.gov




Case 2:20-cr-00197-BHL Filed 10/23/20 Page 15 of 18 Document 2
                           15
                                           Attachment B

The defendant admits that these facts are true and correct and establish his guilt beyond a
reasonable doubt:

The Paycheck Protection Program

         1.     The Coronavirus Aid, Relief, and Economic Security ("CARES") Act is a federal
law enacted in or around March 2020 and designed to provide emergency financial assistance to
the millions of Americans who are suffering the economic effects caused by the COVID-19
pandemic. One source of relief provided by the CARES Act was the authorization of up to $349
billion in forgivable loans to small businesses for job retention and certain other expenses, through
a program referred to as the Paycheck Protection Program ("PPP"). In or around April 2020,
Congress authorized over $300 billion in additional PPP funding.

        2.        In order to obtain a PPP loan, a qualifying business must submit a PPP loan
application, which is signed by an authorized representative of the business. The PPP loan
application requires the business (through its authorized representative) to acknowledge the
program rules and make certain affirmative certifications, including that the business was in
operation on February 15, 2020, in order to be eligible to obtain the PPP loan. In the PPP loan
application, the small business (through its authorized representative) must state, among other
things, its: (a) average monthly payroll expenses; and (b) number of employees. These figures are
used to calculate the amount of money the small business is eligible to receive under the PPP. In
addition, businesses applying for a PPP loan must provide documentation showing their payroll
expenses.

        3.      A PPP loan application must be processed by a participating financial institution
(the lender). If a PPP loan application is approved, the participating financial institution funds the
PPP loan using its own monies, which are 100% guaranteed by Small Business Administration
(SBA). Data from the application, including information about the borrower, the total amount of
the loan, and the listed number of employees, is transmitted by the lender to the SBA in the course
of processing the loan.

        4.      PPP loan proceeds must be used by the business on certain permissible expenses—
payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal
on the PPP loan to be entirely forgiven if the business spends the loan proceeds on these expense
items within a designated period of time after receiving the proceeds and uses a certain amount of
the PPP loan proceeds on payroll expenses.

        5.     The PPP is overseen by the SBA, which is headquartered at 409 3rd Street SW,
Washington, D.C. 20416, and has authority over all loans. Individual PPP loans, however, are
issued by private approved lenders (most commonly, banks and credit unions), which receive and
process PPP applications and supporting documentation, and then make loans using the lenders'
own funds.

       6.      Bank 1 is an SBA-approved lender headquartered in Green Bay, Wisconsin.

                                                 16


         Case 2:20-cr-00197-BHL Filed 10/23/20 Page 16 of 18 Document 2
The Co-Conspirators

        7.     The defendant was a citizen of the United States and resident of Wisconsin.

       8.      The defendant was the owner and registered agent of Comfort Care Transit LLC
("Comfort Care"), located in Milwaukee, Wisconsin. Comfort Care's Employer Identification
Number issued by the U.S. Internal Revenue Service ended in 4897. Comfort Care was registered
as a limited liability company in Wisconsin since on or about May 19, 2014 but was
administratively dissolved on or about June 13, 2017. Comfort Care has not been in operation
since 2015 and was not in operation on February 15, 2020.

       9.       The defendant aided Co-Conspirator 1 (CC-1) in submitting a fraudulent
application for a PPP loan for Comfort Care.

      10.    On or about May 10, 2020, at CC-1's direction, the defendant mailed $275 to the
Wisconsin Department of Financial Institutions to restore Comfort Care to good standing.
Comfort Care was restored to good standing on or about May 12, 2020.

        11.    On or about May 13, 2020, at CC-1's direction, the defendant opened a business
checking account for Comfort Care at Bank 1. The defendant was the sole authorized signatory
on the account.

The Fraudulent PPP Loan Application

        12.    On or about May 18, 2020, CC-1 provided the defendant with a PPP loan
application package for Comfort Care to submit to Bank 1, requesting a $230,000 PPP loan for
Comfort Care. Included with the loan application package were (1) an SBA Form 2483 PPP
Borrower Application Form; and (2) five IRS Forms 941 (Employer's Quarterly Federal Tax
Returns) purportedly reflecting Comfort Care's payroll data from January 2019 to March 2020.
The Comfort Care PPP application submitted to Associated Bank stated that Comfort Care's
average monthly payroll was $92,000 and that the company had 23 employees.

      13.    On or about May 18, 2020, at CC-1's direction, the defendant signed the SBA Form
2483 and submitted the loan application package for approval at the Bank 1 branch located in
Bayshore, Wisconsin.

        14.      On the SBA Form 2483, the defendant falsely certified that Comfort Care was "in
operation on February 15, 2020 and had employees for whom it paid salaries and payroll taxes or
paid independent contractors as reported on Form(s) 1099-MISC." The defendant further falsely
certified that the PPP loan funds would be "used to retain workers and maintain payroll or make
mortgage interest payments, lease payments, and utility payments, as specified under the Paycheck
Protection Program Rule." The defendant also acknowledged that failure to use the PPP funds in
accordance with the requirements of the PPP program, and making false statements in support of
the loan application, could result in criminal penalties.

       15.     The IRS Forms 941 that were included with the PPP loan application falsely
represented, among other things, that Comfort Care had 23 employees. The purported Form 941
                                               17


         Case 2:20-cr-00197-BHL Filed 10/23/20 Page 17 of 18 Document 2
for the first quarter of 2020, falsely represented that Comfort Care had paid $277,817.45 in wages,
tips, and other compensation to its 23 employees. In fact, Comfort Care made no quarterly tax
filings in 2019 or in the first quarter of 2020.

       16.    On or about May 20, 2020, Bank 1 approved the PPP loan and wired approximately
$230,000 to the Comfort Care business checking account at Bank 1.

       17.    On or about May 20,2020, at CC-1's direction, the defendant distributed $115,000
to CC-1 and his entities, Company A, Company B, and Company C through cashier's checks.

       18.     The defendant also wrote checks to himself




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SHA-256
8e9bb910bf490d83a9376b1ff147508a888a6434da8311d6e7d410e97ecb87d8
Our copy
2.pdf
Original
archive.org
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